Md. Taslim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38999 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Md. Taslim Son of Md. Tanwir Alam, R/o Mohalla- Amber Shekhana, P.S.- Bihar, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 The petitioner seeks regular bail in connection with Nawada Muffasil P.S. Case No. 35 of 2017, registered for offences punishable under Sections 399/402 Indian Penal Code and Section 25(1-b)a, 26/35 of Arms Act.

Prosecution case is that police on informant that some persons were planning to commit dacoity raided the place and arrested some persons and from the possession of the petitioner one pistol along with two cartridges were recovered. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover he has sufficiently been punished for the said offence as he has been in judicial custody since 20.03.2017 and has no criminal antecedent and other co-accused having similar allegation has already been

granted bail by this Court vide order dated 10.08.2017 passed in Criminal Miscellaneous No. 37103 of 2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact and circumstances of the case and as other co-accused has been grante bail by a coordinate Bench of this Court and petitioner has remained in custody for more than five months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Muffasil P.S. Case No. 35 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T